Revolutionary War Pension and Bounty Land Warrant Application File S. 23614, David Elsworth, R.I.

SERVICE
NUMBER
R.I.
Elsworth, David
S 23614
CONTENTS

26.055
Pennsylvania
David Elsworth, 180 of Luzerne Co. in the State of Pa who was a 1st in the Company commanded by Captain Angus of the Regt commanded by Col Brown in the Pa for Militia R.I.
1 Yr 7 Mo 15 Days 65.00
Inscribed on the Roll of Penn at the rate of 15 Dollars 00 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 27 th day of July and sent to 134 Wm of Beaumont H.R.
Arrears to the 4th of Apr 1833 - 162.50 Pemi-ant. allowance ending 4 th  Nov '34 32.50 $ 195.00
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by J. V. Sprague Clerk Book C Vol. 5 Page 14

Declaration of David Elsworth, in order to obtain the benefit of the act of Congress passed June 7 th 1832.
State of Pennsylvania
Luzerne County fs:
On this twenty sixth day of December 1832, personally appeared before me Charles D Shoemaker, one of the associate Judges of the Court of Common Pleas in and for the County of Luzerne, State aforesaid, David Elsworth, a resident of the Township of Carbondale, County aforesaid, and State aforesaid, aged eighty years, who being first duly sworn according to law, doth, on his oath, make the following declaration in order to obtain the benefit of the act of Congress passed June the seventh 1832:—
That he was born on the 18 th of April 1752, in the Township of West Greenwich, County of Kent, and State of Rhode Island; where he resided until the last of February 1779 when he moved to the Township of Poundwell, County Bennington, and State of Vermont. When he resided until the following November, when he moved from there into the State of New York, Township of Hoosuck, and County of Rensselaer. There he resided until November 1783 when he moved again with his father's family to the place of his former residence in Rhode Island. There he remained until sometime in December 1802 when he moved himself, without his father, into what is now the Township of Carbondale, above mentioned, where he now resides. His age is recorded in the books of the Town Clerk of West Greenwich, Rhode Island, from which he took a memorandum of his age many years ago into his bible, which he has now in his possession. From the commencement of the Revolutionary war until this applicant moved into Vermont in 1779, it was the law or practice in Rhode Island for each County in the State to guard its own Coasts with its own Militia so far as they were able; and to this end the Militia in his County were divided into two Claps, the whole of each Clap going alternately into the service, sometimes for ten, and sometimes for fifteen days at a time. In this way this deponent commenced his services as a militiaman, in

November 1775 and continued serving as a private untill his removal into Vermont about the last of February 1779. This service in the Militia was performed for himself, (his father being then too old to be called upon,) and amounted in all to not less than one year seven and a half months; being half of the time from his first term of service in November 1775 to his removal to Vermont the last of February 1779. He recollects well of loosing no time from the service, but of going regularly every ten or fifteen days for the same period and thus spending half of his time in the army. During this time he served first under Gen: Spencer, and the last part of the time, under Gen: Sullivan. The Colonels under whom he served, were first, Col: Nathaniel Brown, whose Major was Isaac Johnson; secondly Col: Archibald Carron; and the last was Col: Joseph Rice. He does not recollect any other field officers. The Captains were first Capt: Jab: Angel, whose Lieut: was John Madison and Ensign Fredick Elsworth. Secondly Capt: John Madison former Lieut; and thirdly, Capt: Joseph Draper, whose Lieut was Benjamin Tanner, and the Ensign was Josiah Madison. These are all the Officers whose names he recollects served under whom he served any length of time. In this respect, there were many changes and much confusion in the Militia. During his service he was in no battle, but was near by when Gen Sullivan fought the British at Newport. The Militia were not engaged in that battle. The most of his time in the service he spent in guarding East Greenwich which was then the seat of justice for Kent county. William Green was then Governor, and resided in that Village. While he was serving, the French and British fleets were both in Rhode Island and were also engaged at the same time that Gen: Sullivan was fighting the British at Newport. In Greenwich he saw six or seven hundred French soldiers who he thinks afterwards went to Providence. He has never received any written discharge from service, and knows of no living witness by whom he can prove his services.

He is now very feeble in consequence of old age and dangerous hernia which renders him unable to attend Court. He refers to Solomon Lathrop, David S Blanchard, Esquire, and James W Groff, Post Master, all of Carbondale, as persons who can testify to his character for veracity and their belief of his services as a soldier of the revolution. He further hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any state.
Sworn to and subscribed the day and year aforesaid before me C D Shoemaker Associate Judge
his David S Elsworth mark
Lucen County ss.
We William House, a Clergyman residing in the Township of Makely, and Conner Philips residing in the Township of Providence, County and State aforesaid, hereby certify that we are well acquainted with David Elsworth who has subscribed and sworn to the above declaration; according to the best of our knowledge That we believe him to be eighty years of age; That he is respected and believed in the neighborhood where he resides, to have been a soldier of the revolution, and that we concur in that opinion. We also believe that he is not able to attend Court in consequence of infirmity and disease. Sworn and subscribed the day & year aforesaid before me C D Shoemaker Associate Judge Wm House Elder Conner Philips
And the said Charles D Shoemaker does hereby declare his opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the war department, that the above named applicant was a revolutionary soldier and served as he states: And he further certifies, that it appears to

him that William House who has signed the preceding certificate is a Clergyman resident in the Township of Hakeley; and that Corner Philips, who has also signed the same, is a resident in the Township of Providence in the County aforesaid, and are credible persons, and that their statement is entitled to credit. He also certifies his opinion that the Applicant is not able to attend Court in consequence disease and old age. ~
C D Shoemaker, Associate Judge
I Henry Pettebone, Prothonotary of the Court of Common Pleas in and for the County of Luzerne, State aforesaid, do hereby certify that the foregoing contains the original proceedings of the said Charles D Shoemaker one of the associate Judges of the aforesaid Court of Common Pleas, in the matter of the Application of David Elsworth for a pension.
In testimony whereof, I have hereunto set my hand and seal of office this twenty sixth day of December in the year of our Lord one thousand eight hundred and thirty two.
Luzerne County State of Pennsylvania } ss:
Henry Pettebone, Proth
Seal. Personally appeared before me the undersigned, a Justice of the peace in and for the County of Luzerne David Elsworth, who being duly sworn according to law, deponeth and saith that by reason of old age and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but that according to the best of his recollection he served not less than one year, and seven and a half months as a private in the militia; that he verily believes he served longer but has fixed upon the preceding time, less than which he did not serve; and that he was called into the service by a law of Rhode Island which compelled all the able bodied men to be enrolled, and to serve by regular troops (some times of ten, and sometimes of fifteen days each) one half of the time, and that in this way he considered himself a drafted soldier, and served in camp, garrison, or field not less than the period stated above; and that this service was performed for himself and not as a substitute: and further saith not.
David Elsworth
22100
Sworn and subscribed this twenty third day of April A.D. 1833. David B. Blanchard J.P.
his David X Elsworth mark

22,100 David Elsworth
e.
Adm 1. yr 7 Months 8 15 days —
40 20 3.33 1.66 65.00
For A Beaumont Ho of Rep Chairman Wash Post Luzerne County Pa

WAR DEPARTMENT,
Pension Office,
April 5 1833
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of David Elsworth of Luzerne County, Pennsylvania
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     1775 than 1 year 1 1 1 Priv. Capt Angel Madison Draper Genl. Spencer " Saltonstall Colonels Brown Carson Rice None thru' parts of Rhode Island Guarding Kent County Rhode Island aged 80 years Traditional Evidence  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of _____ &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate, is a clergyman, resident in the _____
and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom? Does not state how he entered the service  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the years , the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
The objection for which the papers were returned has not been removed. It is a mere repetition of what he had before said in his declaration. He must distinctly state each term of his service of 19 1/2 months. For he certainly must remember the terms or how fit upon that time —

On AWS S. 23614
DEPARTMENT OF THE INTERIOR. BUREAU OF PENSIONS.
Washington, D. C., _____, 192
In reply to your request of _____, for the history of  David Elsworth , a soldier of the Revolutionary War, the following is taken from the soldier's claim for pension.
   DATES OF ENLISTMENT OR APPOINTMENT LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Nov. 1775 to last Feb. 1779 Pvt. Job Angel Nathaniel Brown R. I.   at various John Madison Archibald Carson   times in Joseph Draper Joseph Rice   all 1 yr.   7 1/2 mos.  
Battles engaged in, none stated.
Residence of soldier at enlistment, West Greenwich Township, Kent Co. R. I.
Date of application for pension, Dec. 26-1832. claim allowed.
Residence at date of application, Carbondale Township, Luzerne Co. Pa.
Age at date of application, Born Apr. 18, 1752 in West Greenwich Township, R. I.
Remarks: There is no data on file as to his family.
( Soldier stated that Benj. Lamer was Lieut. of Capt. Joseph Draper's Co., Col. Joseph Rice's Regt. R. I. militia. )
Respectfully,
Commissioner.
This claim for letter to G. Bordwell only see his letter

To the Hon: Andrew Beaumont, -
Sir - Last April, I think, David Elsworth made a declaration in our Court and forwarded it to the War department, for the purpose of obtaining a pension under the the law of Congress passed the 7 th of June 1832. In his declaration he stated that, by a law, or by the orders of the governor or Superior Officers, all the Able bodied men in that part of Rhode Island in which he lived were divided into two Clases , - each formed into Companies, Officered, armed, and equiped; and that each Clap served, alternately, sometimes ten, and sometimes fifteen days at a time, in guarding the shores of Rhode Island. In this way he alledges his services to have been performed. Belonging to a Company of one of these Clases, he served three and a fourth years, - half the time in active service, making nineteen and a half months actual service for which he claims a pension.
His declaration was, however, returned to him with two objections -
1. He had not stated whether he was drafted, or whether he volunteered his services. 2. He had not stated the particulars of "each term of his service".
Mr Elsworth then made an additional affidavit by which, it seems, the first objection was obviated. The second objection he also endeavored to obviate by stating his services somewhat more particularly, & by complying with the directions of the department, (in cases where the Applicant cannot remember the exact period of his services) by swearing in his Affidavit to a certain definite period, less than which he knew he did not serve.
With this additional Affidavit his declaration was again forwarded to the war department, but was soon returned to him with a repetition of the last above objection. I then sent back to the papers, to the pension Office accompanied by a note of which the following

is a copy, and which will serve to explain other facts.
The Attorney of the Applicant in this case, returns his declaration to the War department, hoping that his claim will not be rejected; being encouraged in the hope by the fact that very lately the Secretary, upon reconsideration (after an explanation less forcible than this, and by the same Author,) allowed a pension to an applicant precisely in Mr. Elsworth's situation.
It seems that the only objection now is, that he has not distinctly stated each term of his service. It will be seen by his declaration that he served from November 1775, to the last of February 1779: - that during all that time he was enrolled, officered and in actual service, except when he was at home for ten or fifteen days at a time, by permission of his officers, to return into service again upon a certain day fixed; and that during all this period of three and a fourth years, his company was never disbanded or dismissed from the service.
It is clear then if he had not been so conscientious as to mention the circumstance of his having been permitted to visit his family so often, a full pension would have been allowed him without any difficulty. He feels that, in equity, he ought to be considered as having served the whole three and a fourth years; yet as he did not know that the War department would put the same construction upon his services, (why should it not?) he was unwilling to swear that he had served longer than the period he actually spent in the field, camp, or garrison; and he therefore fixed the duration of his services at a time less than which he knows he did not serve. A large portion of the applicants cannot state within a number of days the exact time when they entered or left the service. How then can a particular one be expected to state the beginning and end of each "term of his service", as they are called, when they are so numerous as in this instance? Do you believe that he has not served as

long as he states? And if you doubt his correctness in this, will you believe him if he states each term of his services? If the department exacts it, he will attempt the task and perform it as accurately as possible. He should do it now but he lives thirty miles distant from the County Town where the nearest Court of record is held and where all the Judges reside; and he is not able to get there in consequence of a distressing and dangerous hernia which prevents his walking or riding. In the event of his making a further statement some one of the Judges will have to go to him from motives of Charity. If therefore the department persists in requiring it, they will return the papers again, and it shall be attempted. He hopes however that they will not, and that this Applicant will receive the same Justice which he knows has been measured out to others in precisely the same Circumstances."
Agreeable to the closing request of the above note, I expected that Mr Elsworth's declaration would be returned to him, if the department could not allow his pension, & if a more particular statement was still required. Instead of returning it, however, I received the following letter from Mr Edwards, Commissioner of pensions, addressed to Mr Elsworth.
"War Department-Pension Office, Aug: 21. 1833
Sir, — The papers in support of your Claim to a pension, have been again examined, and placed on our files.
Your declaration presents the most satisfactory reasons for the conclusion, that your service was not continuous and uninterrupted; and apart from that fact, it is well known that no body of Militia was in service for so long a period as 19½ months under one term of engagement. When is added to this Circumstance, your admission by your Attorney, that you were occasionally absent from duty, the Office certainly must discredit your assertion, that during

"all that time you were in an embodied Corps employed in active duty. It is positively required of you to state the component terms of your aggregate service, which certainly must have been known to you, or how else do you, obtain data for fixing upon 19 1/2 months, as you have done? When the department returns a case the second time for the same objection, it does not intend to recede from or forget it.
I am respectfully &c
J. L. Edwards Com d of Pensions
On the 12 th of October last I addressed a note to the department of which the following is a copy.
"The declaration of David Elsworth to procure a pension was returned to him a long time since for the purpose of enabling him to make a more particular statement of his services. His Attorney not being able to see Mr. Elsworth; and believing that a short explanation of his own would render such additional statement unnecessary, ventured, without consulting Mr. Elsworth, to return his declaration to the department without the additional statement required. Since then the declaration has been retained in the Office.
Mr. Elsworth now asks that it may be returned to him, and he will make such a statement as his memory will enable him to do. It was not his fault that it was not made before. David Elsworth for V. L. Maywell."
In reply to the above, a circular was received from Mr. Edwards, upon which the following note was endorsed.

"The claim of David Elsworth was suspended on the 21 st of August, and a letter addressed to him at Wilkes Barre setting forth the reasons."
So it seems that on the 21 st of August Mr. Elsworth's claim was suspended ; but with what justice, considering the circumstances under which his declaration was returned to the department, - (stated in my explanatory note at the time, and in my note of the 12 th of Oct. just quoted above) it is impossible to perceive. The hardship of this suspension is more evident when it is recollected that to renew his claim, Mr. Elsworth must, in consequence of this suspension, make an entire new declaration in open court, or before one of the judges; and that it is impossible for him to do this owing to the state of his health, and the distance which he lives from the court and from the judges. The suspension, therefore, unless the department will reconsider the subject, operates upon Mr. Elsworth, situated as he is, as a final rejection of his claim. It would have been otherwise, however, if his declaration had been returned to him agreeably to his request; because then, by the rules of the pension office, he could have made his additional affidavit before the justice of the peace in his neighborhood.
Mr. Edwards, in his letter of the 21 st of August, assigned as an excuse for the suspension of Mr. Elsworth's claim, gives the affair a color and character which the facts do not warrant. He says to Mr. Elsworth -
"Your declaration presents the most satisfactory reasons for the conclusion that your service was not continuous and uninterrupted."
The fact is, no " conclusions " were necessary. Mr. Elsworth stated explicitly that his services were not continuous and uninterrupted; nor does the law require them to be so, to entitle him to a pension.

Mr. Edwards says further — "it is well known that no body of Militia was in service for so long a period as 19½ months under one term of engagement."
Who pretends that there was? Mr. Elsworth states distinctly that he was not. Again Mr. Edwards says —
"When is added to this circumstance, your admission by your Attorney, that you were occasionally absent from duty, the office must certainly discredit your assertion , that during all that time you were in an embodied Corps employed in active duty."
I have not Mr. Elsworth's declaration before me, but I will venture to say, from recollection, that he made no assertion of having served in any one particular Company or Corps the whole 19½ months. On the contrary he told me, while I was drawing his declaration, that he did not serve in one Company all the time; that he served in different Companies and under different officers; and that these changes were so frequent, or his memory so poor that he could not give a minute account of them. He only meant therefore to say, that when-ever he served, it was in an organised Company, or an embodied Corps. And in this sense his words are perfectly consistent with the truth, and not designed by him, or myself, to convey the idea that he served in one particular Company the whole 19½ months.
Neither have I, his Attorney, made any " admission that he was occasionally absent from duty ."
When we say a soldier is absent from duty, we mean that he is absent from service, when by the law, or the terms of his engagement, he ought not to be absent. Now Mr. Elsworth was required to serve half of the time only; and half of the time he was permitted by law to remain at home; and while at home, he was not absent from duty , but on the contrary was in the line of his duty .

It was these semi-monthly returns of the Rhode Island Militia to their homes, stated in Mr. Elsworth's declaration, to which allusion was made when I spoke, in my explanatory note, of his being permitted by his officers to return home. Nor did I contradict this, when I spoke of the Companies, in which he served, never having been disbanded during the whole three and a fourth years. My design was, to reiterate, in other words, the fact already stated in the declaration, that he was enrolled in one of the two Companies of the Militia, and was compelled to serve with that Company one half of the time in active service. I thought it could not be said that a Company was disbanded when its individuals were only permitted to return home for fifteen days, and at the end of that time were required to assemble again under the same organization. The fact is, that note of mine to the department was argumentative; referred to Mr. Elsworth's declaration for its facts, and was designed only to place those facts in a new point of view.
After all the question is, whether the Rhode Island Militiamen, who served as Mr. Elsworth states he served, are to be denied their pensions to which they are clearly entitled to by law, because they cannot comply with a rule of the war department, not made with reference to the peculiar manner in which their services were rendered, and which, when applied to them, exacts an impossibility and operates as an absolute bar to their attainment of justice.
By reference to the declaration, it will be seen that this applicant has served 19½ months, in the course of three and a fourth years; and that his services were performed in, at least , thirty nine different "Terms" of 15 days each: and of these "terms" he is,

it seems, required by the department to state the date of the commencement and end of each; the Officers under whom he served each term; the incidents which occurred during each, &c. &c. The very statement of what is required, shows the impossibility of a compliance. If Mr. Elsworth should state all  this , it would be fatal to his credibility in the mind of every reasonable man - it would be stating too much to be believed.
Yet Mr. Edwards thinks he ought to know all this, and asks, "how else do you obtain data for fixing upon 19\frac{1}{2} months, as you have done?"
The answer is plain. Mr. Elsworth knows the time when his first service commenced; and when he moved from Rhode Island; and he also knows, that of the intermediate time he spent one half in the Army in tours of sometimes ten, & sometimes fifteen days each. That is, when he spent fifteen days in the service, he remained at home the next fifteen days; and when he spent only ten days in the service, he remained at home only ten days. These facts are his data by which he knows that he has served not less than 19\frac{1}{2} months; - They are clearly stated in his declaration, and form better data than nine tenths of those who obtain pensions, for services in the Militia, are able to furnish.
It is well known that the Militia, in some sections of Rhode Island at least, rendered their Military services in this manner: it is also well known that some of them are now receiving pensions under this law; and some of them too, who were situated precisely as Mr. Elsworth is, and who were not required to state "the component terms of their aggregate service". This is matter of record, and the department could be referred to it, if it

were necessary. Why then is this general rule, (not applicable to the Militia who served their Country in this manner,) rigidly enforced against Mr. Elsworth, while its observance is waived in other cases precisely like his? Surely the inconsistency cannot be designed, and no doubt, if the particular attention of the proper Officer is called to the subject, Mr. Elsworth will have no cause to complain of injustice. —
V. L. Maxwell
for David Elsworth

The Attorney of the Applicant in this case returns his declaration to the war department, hoping that his claim will not be rejected; being encouraged in the hope by the fact that very lately the Secretary, upon reconsideration, (after an explanation less forcible than this, and by the same Author,) allowed a pension to an applicant precisely in Mr Elsworth's situation. It seems that the only objection now is, that he has not distinctly stated each term of service. It will be seen by his declaration that he served from Nov: 1775 to the last of Feby: 1779: that during all this time he was enrolled, armed, officered, & in actual service; except when he was at home for ten or fifteen days at a time, by permission of his officers, to return into service again upon a certain day fixed; and that during all this period, of three and a fourth years, his Company was never disbanded, or dismissed from the service. It is clear then, that if he had not been so conscientious as to mention the circumstance of his being permitted to visit his home so often, a full pension would have been allowed him without any difficulty. In truth he feels that in equity he ought to be considered as having served

The whole three and a fourth years; yet as he did not know that the war department would put the same construction upon his services, (why should it not?) he was unwilling to swear that he had served longer than the time he actually spent in the field, camp, or garrison; and therefore he fixed the duration of his services at a time less than which he knew he did not serve. A large portion of the Applicants cannot state even within ten, fifteen, or more days the exact time when they entered or left the service. How then can a particular one be expected to state the beginning and end of each "term of service", as it is called, when they are so numerous as in this instance? Do you believe that he has not served as long as he states? And if you doubt his correctness in this, will you believe him if he states each term of his service?
If the department exacts it, he will attempt the task, and perform it as accurately as possible. He should do it now, but he lives thirty miles distant from the County Town, where the nearest court of record is held and where all the judges reside, and he is unable to get there in consequence of a distressing and dangerous hernia which prevents his walking or riding. In the event of his making a further statement one of the judges will have to go to him. If therefore the department insists in requiring it, they will return

the papers again, and it shall be attempted. He hopes however that they will not, and that this applicant will receive the same justice which he knows has been measured out to others in precisely the same circumstances.

Washington February 19 th AD 1834
I Elisha R Potter of South Kingstown in the State of Rhode Island, do hereby certify that during the revolution, he lived in said State, about 13 miles west of Newport, and six from the Narragansett bay, and South of the sound leading towards New York, that the Village, where he lived, was where the public business of the County was done, that his Father Thomas Potter commanded the cont of that district, on a State judgement during the war, that during the time the English were in possession of the Island of R.I. they very frequently landed on our shores, and took off the cattle and sheep, of the farmers and sometimes took them off, and burnt their houses, during this time the Militia were drafted to guard the shores sometimes, for a month and sometimes for half that time, depending upon the season of the year, and that they were quartered in the houses of the farmers, that this lasted most of the time that the English were in possession of the Island, except a short time a detachment of 200 troops, was stationed on the shores near the Narragansett bay about ten miles west of Newport commanded by Col. Angell
Elisha R Potter

Pr
J. A. Edwards Esqr Appm Revolutionary Pensions War Department Washington D.C.
Hon. J. Beaumont.

Washington Feb. 19 th 18
J. L. Edwards Esq.
Enclosed I send the intigi- -cate of E. R. Patten Esq. Senator elect from Rhode Island in relation to the service rendered by Ellsworth whose claim I submitted the other day accom- -panied by a brief furnished by his atty.
Respectfully &c.
A. Beaumont

23614 INVALID.
No. 23,614
David Elsworth
His Rev War
Act: June 7 th 39.
Index: Vol. 2 , Page 123
[Arrangement of 1870.]

CABLE ADDRESS LAVBORD
LAVERN BORDWELL President-Treas.
United Royalties Corporation
INVENTIONS ACQUIRED, DEVELOPED INTRODUCED AND OPERATED UPON A ROYALTY INCOME BASIS
1133 BROADWAY
NEW YORK
Telephone, Farragut 9865
April 11, 1923. G.
Bureau of Pensions, Washington, D.C.
Gentlemen:-
I require for purposes of Sons of the Revolution a certificate from your department, proving pension paid to David Elsworth, of Rhode Island Militia, Captain Joseph Drapers Company, of which Lieutenant Benjamin Tanner was an officer, and whose name appears on said pension papers. Will you be kind enough to favor me with this at your early convenience?
I particularly want this evidence on Lieutenant Tanner.
Yours truly,

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United Royalties Corporation
DISTRIBUTORS 1133 Broadway MANUFACTURERS Cor. 26th St. NEW YORK, U. S. A.
May 8, 1923- H.
Bureau of Pensions, Washington, D. C.
Gentlemen:-
On 4/11, I wrote you as follows:
" I require for purposes of Sons of the Revolution a certificate from your department, proving pension paid to David Elsworth, of Rhode Island Militia, Captain Joseph Drapers Company, of which Lieutenant Benjamin Tanner was an officer, and whose name appears on said pension papers. Will you be kind enough to favor me with this at your early convenience."
"I particularly want this evidence on Lieutenant Tanner."
To date I have no reply, and would thank you to favor me by return mail.
Very truly yours,
H. Brownell